4. The Procedures of the Complementarity Principle

10.1163/ej.9789004169098.i-536.26

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Chapter Summary

The complementarity procedures represent a compromise between the need to ensure the international criminal court (ICC)'s effectiveness and the need to preserve state sovereignty. This dichotomy is even more apparent here than in the substantive provisions. Addressing two inherently conflicting concerns has resulted in a set of rules that is not always equally comprehensive. This chapter comments on the different trigger mechanisms, and discusses the distinction between a "case" and a "situation". It describes the procedures pertaining to the Prosecutor's decision whether to investigate and whether to prosecute. The chapter outlines the preliminary rulings regarding admissibility and challenges to the admissibility. Finally, two particular procedural issues are discussed.